January 28, 2016 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue SE Washington, DC 20590 Exemption request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations and specific parts of the FARs. To Whom It May

Concern: In order to provide safe aerial photograph y and videograph y for commercial use, I, Ky le O’ Donnell, pursuant of Section 333 of the FAA Modernization and Reform Act of 2012 (“FRMA”) , would like to submit a request for exemptions from the following Section 333 regulations:

 14 C.F.R. Part 21  14 C.F.R. 45.23(b)  14 C.F.R. 61.113(a) and (b)  14 C.F.R. 91.7(a)  14 C.F.R. 91.9(b)(2)  14 C.F.R. 91.119(c)  14 C.F.R. 91.121  14 C.F.R. 91.151(a)(1)  14 C.F.R. 91.203(a) and (b)  14 C.F.R. 91.405(a)  14 C. F.R. 91.407(a)(1)  14 C.F.R. 91.409(a)(1) and (2)  14 C.F.R. 91.417(a) and (b) I am requesting these exemptions to operate the DJIPhantom 3 Professional Unmanned A ircraft S ys tem (UAS) commercially along the guidelines of the operator’s manual as well as FAA guidelines for UAS flight. **Proposed UAS and Procedures** The DJ I Phantom 3 Professional weighs 1280 grams, will alway s be flown under 5 00 feet via the software b y its barometric sensors and GPS, carries no combustible fuel or crew, is electricall y powered by a lithium ion battery, and will always be transported in proper storage to and from flight areas. The proposed exemptions would allow me to ope rate the DJIPhantom 3 Professional UAS for commercial use of aerial photography and videograph y as a service to public and business interests. Services including building inspection photograph y and videograph y, equipment monitoring, event and individual p hotograph y and videography, public and commercial photograph y and videograph y,remote observation, real estate photograph y and videograph y, agricultural photograph y

and videograph y, and publishing marketing and advertising content on the Internet

. As evid enced b y recent Exemption Numbers 12045 and 12058, the FAA recently approved similar use of the DJ I Phantom 3 Professional UAS. The DJ I Phantom 3 Professional UAS has been proven to be a reliable and safe fly ing machine managed by gy roscopicall y - stabilized flight, GPS

- aided navigation, built

- in compass, blinking LED lights, ground detection, a “Return to Home” mode for returning to the take off point, and propeller guards for protecting the UAS and the environment. **Specific section(s) of 14 CFR which I see k relief and the reason(s) for seeking relief:**  14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the DJ I Phantom 3 Professional UAS, an exemption from Part 21 meets the requirements of an equivalent l evel of safet y under Part 11 and Section 333 of the Reform Act. As shown in Exemption No. 12045, “in all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed.” 14 C.F.R. 45.23: Display of Marks: General Due to the DJ I Phantom 3 Professio nal UAS not having a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request exemption from the above regulation. The UAS will have a small identification on it referring the UAS to m y name and ad dress. 14 C.F.R. 61.113(a) and (b): Private pilot privileges and limitations: Pilot in command Under § 61.113(a) and (b), certified private pilots are limited to noncommercial operations. Though, I am able to maintain an equal level of safet y through current FAA regulations of an UAS without such certification because of the safet y features of the DJ I Phantom 3 Professional. According to Exemption No. 12045, “The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for similar proposed operations in pre viously

issued exemptions to this regulation through Exemption Numbers 11062 and 11138.” The risks of operating this particular UAS are much less than the risks associated with traditional aircrafts because of the DJ I Phantom 3 Professional’s safety featur es that I stated above. Possessing a pilot certification or license does not guarantee remote piloting skills of an UAS. The FAA approved a similar exemption in Exemption No. 12058. 14 C.F.R. 91.7: Civil Aircraft AirworthinessThere is no certificate tha t applies to the DJIPhantom 3 Professional UAS. Using the

official operating manual, Iam able to determine the airworthiness of the DJI Phantom 3 Professional UAS. Written and signed pre

- flight and post

- flight inspections of the propellers, motors, frame , landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properl y ensured GPS locks as indicated by the DJ I Phantom’s display

of “Safe to Fl y” message will be performed before and after each flight, accurate records of which will be kept with the UAS’s storage and transportation sy stem at all times. These records will be dated and will include the total flight time of each flight. 14 C.F.R. 91.119(c): Minimum Safe Altitudes I, Kyle O’Donnell, will ensure that the UAS d oes not operate an y higher than 500 at ground level b y setting the maximum altitude to 500 feet in DJ I’s pilot application and this will alway s be set before each flight as part of the pre

- flight inspection. Iwill not fly over heavil y congested areas or d irectl y above moving vehicles or unprotected people. Plans will be made for proper flight safet y and analy sis of the area to prevent collisions. The GPS and barometric sensors equipped on the DJIPhantom 3 Professional will ensure accurate altitude reading s that will be transferred to my tablet as I operate the UAS. 14 C.F.R. 91.121: Altimeter Settings The DJ I Phantom 3 Professional uses the latest GPS/GL ONASS technologies as well as a barometric sensor with live data output to the tablet device attached to the transmitter. An equivalent level of safet y and accurate altimeter telemetry will be achieved by doing this. 14 C.F.R. 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions The DJ I Phantom 3 Professional runs on electrical power b y lithium i on batteries that are made b y DJ I specificall y for this aircraft. The battery supplies approximately

23 minutes of flight time. Because of the limitations of the batteries, it is presently impossible to comply with part 91.151. 14 C.F.R. 91.203 (a) and (b ): Civil Aircraft: Certifications Required There are no procedures for providing airworthiness certificates for the mentioned UAS. I will alway s fly

safel y while abiding b y the FAA regulations and manuals of the DJ I Phantom 3 Professional UAS. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation After Maintenance, Preventative Maintenance, Rebuilding, or Alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections and 14 C.F.R. 91.417 (a) and (b): Maintenance RecordsI will perform both pre

- flight and post

- flight inspections of the DJ I Phantom 3

Professional UAS before and after each flight as outlined in the operating documents and as I mentioned before. I will follow the manufacturer recommendations from the operations manual and reco rd an y maintenance done to the UAS. **Interest and Safety of the Public:** Traditionally , people and businesses have had to hire manned aircraft and helicopters to capture aerial photography and video. This can be expensive, use up fuel, and potentially endanger a crew that is on board. Manned aircraft and helicopters are a lot m ore hazardous than UAS. Offering m y UAS services to the public and businesses can help people grow their business through marketing and advertising, inspect their buildings or operating machines for safet y, help people remember a special occasion, and more

. The operation of the DJ I Phantom 3 Professional UAS does not pose an immediate danger to the public due to there being no fuel, no crew, weighing under three pounds, a low maximum speed, and having propeller guards . DJIhas a built in “No Fly Zone” for major cities and points of interest that have registered as a “Do Not Fly Zone.” The DJ I Phantom 3 Professional cannot operate in these registered locations because flight capabilities become blocked by the UAS itself if within range. With its GPS and ground

sensing capabilities, the UAS has a “Return To Home” mode that will safely return the UAS to the operator automatically when the craft is either low on power or operating outside of its transmitter’s range. **Conclusion** I, Kyle O’Donnell, seek an exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a) and (b), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b) . With the exemptions of the above

- mentioned rules I, Ky le O’Donnell, will make my UAS photography and videograph y services available to public and commercial interests. The FAA has authorized similar operations under Exemption Numbers 12045 and 12053. Alternativel y, public and commercial interests previously sought the use of manned aircraft to accomplish what I can achieve in a safer, more envir onmentally

friendl y and cost

- efficient method by not using combustible fuel, flying at safe heights, and strictly following the operation recommendations from DJI . I ncluding but not limited to:  Fly ing the DJIPhantom 3 Professional safel y in accordance with its operator’s manual

.  Fly ing below 500 feet, using the DJ I Phantom’s altitude limiter to ensure this.  Completing thorough inspections of UAS before and after flights and keeping inspection records with the craft at all times.  Keeping the UAS in visual s ight at all times when in operation. Using an observer to assist if needed.  Remaining safel y clear of and not interfering with manned aircraft operations.  Not flying directly

over unprotected persons or moving vehicles.  Not flying within 5 miles of an airp ort or control tower.  Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

.  Not flying under the influence of alcohol or drugs.  Ensuring the operating environment is safe.  Not flying over sensitive infrastructure or pro pert y such as power stations, water treatment facilities, correctional facilities, etc.  Checking and following all local laws and ordinances before fl yi ng over private property

.  Not conducting surveillance or photographing people in areas where there is an expectation of privacy without the individual’s permission. Thank y ou for taking the time to read and process this request and thank y ou for y our commitment for the safe operations of UAS. Sincerel y, Ky le O’Donnell 950 E. Rue De La Banque Apt. 118 Creve Coeur, MO 63141